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Generic Confidentiality Agreement

Generic Confidentiality Agreement Template for Denmark

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Generic Confidentiality Agreement

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Document background
This Generic Confidentiality Agreement is designed for use in business relationships where confidential information needs to be shared between parties under Danish law. It serves as a foundation document for protecting sensitive business information, trade secrets, technical knowledge, and proprietary data in various commercial contexts. The agreement is structured to comply with Danish legal requirements, including the Danish Trade Secrets Act (Lov om forretningshemmeligheder) and the Danish Contracts Act (Aftaleloven), while also incorporating necessary data protection provisions when applicable. It is particularly suitable for business negotiations, partnerships, service arrangements, and other commercial relationships where confidential information exchange is necessary.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names and registration details

2. Background: Context of the agreement and purpose for sharing confidential information

3. Definitions: Definition of key terms, especially 'Confidential Information', 'Permitted Purpose', and 'Representatives'

4. Confidentiality Obligations: Core obligations regarding protection and non-disclosure of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to representatives and when required by law

6. Security Measures: Required measures for protecting and securing confidential information

7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon termination or request

8. Duration and Survival: Term of the agreement and which obligations survive termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Protection Compliance: Specific provisions for GDPR compliance when personal data is involved

2. Intellectual Property Rights: Clarification of IP ownership and rights when confidential information includes IP

3. Non-Competition: Restrictions on competitive activities, if relevant to the business relationship

4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant

5. Publicity: Provisions regarding public announcements or references to the business relationship

6. Assignment and Subcontracting: Rules for transferring rights or obligations under the agreement

7. Independent Contractor: Clarification of relationship between parties when needed

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement

2. Schedule 2 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used

3. Schedule 3 - Security Requirements: Specific technical and organizational security measures required

4. Appendix A - Authorized Representatives: List of individuals or roles authorized to receive confidential information

Authors

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Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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